DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Perth Hospital Incorporated
(AG2016/5663)

SOUTH PERTH HOSPITAL ENROLLED NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2016

Application for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the South Perth Hospital Enrolled Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Perth Hospital Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

South Perth Hospital Incorporated applied for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The hospital and the registered union, Health Services Union of Australia, had reached an agreement for enrolled nurses employed by the hospital. The matter before the commission was whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved.

The primary legal issue the commission had to decide was whether the agreement was a bona fide enterprise agreement. This required consideration of whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as specified in the Fair Work Act. Another significant issue was whether the agreement was procedurally sound, including whether proper consultation had occurred between the parties. The commission also considered whether the agreement provided appropriate protections for employees and whether it complied with relevant industrial laws.

The commission found that the agreement was a bona fide enterprise agreement. It was satisfied that the agreement was made in good faith, contained all the required minimum terms, and was procedurally sound. The commission noted that there had been adequate consultation between the parties and that the agreement provided appropriate protections for employees. The commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. Therefore, the application for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2016 was approved.

South Perth Hospital Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established